Legal Question in Credit and Debt Law in New Jersey
False judgement appears on my credit report
Equifax credit reporting bureau is constantly confusing me with my father
and saddling me with his problems (my father and I live at the same address
and have almost the same name, except that I am ''Jr.''). I have filed multiple
disputes with Equifax to have multiple instances of my father's info removed
from my reports. Usually the errors are corrected. But recently a judgment
against my father appeared on my report; upon dispute, Equifax told me they
have ''verified'' that this judgment against my father actually belongs to me!
This is outrageous. What can I do to fix this most recent error, and can I do
anything to put an end to this continuing pattern of inaccurate reporting by
Equifax?
PS: So far, the other bureaus have not caused me similar grief. I have no
affiliation with my father's finances (not a cosigner, no joint accounts, not
connected at all).
1 Answer from Attorneys
Re: False judgement appears on my credit report
Straightening out disputes concerning incorrect information on one's credit report can be time-consuming and frustrating, as you know only too well.
You must notify the credit reporting agency of your dispute in writing. Assuming you have done so, did the agency provide you with the supposed proof that it had "verified" the judgment in writing? If not, you can send a certified letter demanding written verification, sufficient to allow you to identify the judgment they have erroneously attributed to you.
The agency should provide you with a case name, case number, court file number, identify the court in which the judgment was supposedly filed, and all other identifying information.
If you are sure that the source of the mistake is that the credit reporting agency has attributed a judgment against your father to yourself, and you have access to the court in which the judgment was filed, you could try to obtain a certified copy of that judgment. There may be information contained in the judgment or court file (i.e. date of birth, social security number) which establishes that it is in fact, against your father, and not yourself. You could then provide same to the credit reporting agency.
Another tactic would be to obtain an Affidavit (i.e. a sworn, notarized statement, under penalty of perjury) from your father, in which he identifies himself to be the actual person against whom the judgment was entered; and provide same to the credit reporting agency.
At this point, you would be well-advised to consult with an attorney, however. These days, your credit rating is one of your most precious possessions. You may find that the credit reporting agency responds much more cooperatively to a firmly-worded letter from your attorney than to continued communications from yourself alone.
Ultimately, should the credit reporting agency fail to voluntarily correct its error, you or your attorney could file a lawsuit to have the derogatory information deleted as well as to seek any monetary damages that may be available (i.e. for any actual damages you have sustained, or possibly statutory damages under applicable state, federal, or in some cases, local law).
Again, you are best-served by consulting with a qualified attorney if you are contemplating filing a lawsuit to resolve this situation.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
